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lqaddict, just curious. Why did you choose to file this claim with your insurance company rather than the insurance of the at fault driver? When I had a car totaled by an at fault driver I filed the claim with his insurance company and they handled everything in a timely manner. I did have to wait at all to get a rental car. They did try to low ball how much they would pay for my car, but when I produced evidence of three or four cars like mine and the retail prices they were currently being offered at they acquiesced without any hassle and paid me the fair market value for my car.

Previously I had a pleasure dealing with the other insurance company when I was helping out my dad when he was rear-ended last year. It was the most time wasting experience I've had. I tried to avoid that by having my insurance take care of things.
I am responsible for my deductible for the time being, but my insurance company will try to recover it from the at-fault insurance company when all is set and done.
My Liability adjuster has confirmed that I will continue receiving the same coverage for the same premium, and keeping my 5-year good driver discount, and accident forgiveness benefit on my policy as it was the case before the accident.
It just sucks that if I decide to switch insurance companies the claim will be reflected on the new quote decision irregardless of fault.

Sorry OP but this is one reason BMWs owners get a bad rap. So for everyone that paid cash for their car you think they can sue someone for some fraction of that amount?

Sounds like you are not paying for repairs and providing a loaner.

You are going to file a lawsuit for fraction of a single lease payment? Insane.

Read the entire thread. But yeah going to your question about paying cash and what not (does not apply to me), wouldn't it be nice to recover the diminished value for your car after it's been involved in an accident that's not your fault? Most insurance companies don't want to hear about your bickering that your car lost its value dramatically after an accident.
So I guess that makes a d!ck, so be it.

Anyway, thanks to Orient and Zeaken I have a better understanding how to deal with this.

Sorry to sound too rude but you can go piss in the corner - I pay a premium on my own choosing for the car in this particular class, it wasn't my idea to get into an accident and create this headache for myself, I don't know why you think I should settle for less.

Fair enough.

If you want to get your guts in a knot, laying awake staring at the ceiling, and asking for advice on internet forums over something as trivial as the class of rental car you have to drive while yours is being repaired.... go for it.

If you want to get your guts in a knot, laying awake staring at the ceiling, and asking for advice on internet forums over something as trivial as the class of rental car you have to drive while yours is being repaired.... go for it.

Just know that stress is cumulative and it shortens your life.

Nah, no stress, I just feel .., entitled, ya know as if nothing happened to my car or as if I lend you one hundred US dollars I expect to get back one hundred US dollars, not one hundred Russian Rubles - sure they are printed on paper, and have the same number of 1's and 0's, does not make them the same though, does it?

Thanks guys.
I see that Enterprise has an Infiniti G37x as a rental option - so I will get into that I guess - last time I tried the car they offered had all 4 tires as bold as slicks.

And .000000000000000000000000000001 if a tank of gas.

To the OP:

Generally your insurance will pay what their contract with you allows. If it's collision with a deductible, rental up to $30 a day, that's what they'll pay and if the other side is 100% responsible they will try to get the $ from the other side's insurance co.

If that isn't enough or if you want to, you can try to get what you have lost from the other guy and/or his insurance company. That usually means one of two things: (1) asking the other guy's insurance company really nicely or (2) suing the other guy. Number 1 usually results in from the other guy's insurance company as they know you won't do 2. If you do 2, you'll have to do it yourself unless you have a lawyer friend willing to work for free, as generally the lawyers who do car accident cases only handle cases where there are serious injuries as a result. If you do do number 2, you can sue and ask for whatever you want -- loss of use of your car, emotional distress, lost sleep, emotional distress of your dog but chances are a judge would only give you reasonable out of pocket expenses that you had receipts for.

I don't know the facts, jurisdiction, or otherwise so don't consider this legal advice 'cause it isn't.

ETA -- I did have one situation where some douche hit my wife's car while it was parked and the insurance company was very accomodating. They simply said "Bring the car here" to a great body shop and the car was fixed perfectly and quickly. Because we had multiple cars we didn't rent -- would have been more hassle than it was worth.

if you do do number 2, you can sue and ask for whatever you want -- loss of use of your car, emotional distress, lost sleep, emotional distress of your dog but chances are a judge would only give you reasonable out of pocket expenses that you had receipts for.

At this point I am only trying to recover the expenses I inadvertently incurred because of this accident - loss of use is being replaced by a comparable rental (not the size wise but the class wise), so obviously I am out of pocket on that, and I want to get reimbursed for it - I have the receipts.
If that's not gonna work my only recourse outside of just suck it up, is the small claims - I don't think I will incur more than $5000.00 worth of expenses because of this.
Well, we'll see what happens next.

Man, I had the focus first, and it broke the second day I had it, changed to a Charger - what a barge POS. The Charger affair was over in a day, went back to Enterprise, they had the Infiniti on the lot, and I was told:
"we just changed the tires on it, so you might get a low tire pressure light just ignore it it will go away", I just went outside, looked at the shinny (they did go through a trouble shining those slicks up), stuck a penny, it barely covered "We" above the Lincoln head, went back to the office and handed the penny off to the Enterprise guy and told him he can keep the penny too. After that, they put me into a Mazda 6.
I'd tell you in the tight steering department it was the closest to the Bimmer, too bad they changed oil in it and forgot to put the cap back on, so the burning oil smell prompted me to return that, and get the Corolla
/rant

Man have you got to be one of the most unluckiest people I've ever seen.

Nah, no stress, I just feel .., entitled, ya know as if nothing happened to my car or as if I lend you one hundred US dollars I expect to get back one hundred US dollars, not one hundred Russian Rubles - sure they are printed on paper, and have the same number of 1's and 0's, does not make them the same though, does it?

What is the daily rental rate of the Corolla and what's the daily lease rate of your 3 Series?

I just checked the Enterprise website and a months rental of a Corolla near me is $811.96

Ok now try to stay with me...... How much is the daily rate of YOUR lease?

And please don't play stupid. You know exactly what I'm saying.

You remind me of the little kid in the toy aisle holding his breath, clenching his little fists, and stomping his little feet, because he can't have what he wants.

I would have let that...... comment slide if you hadn't kept about how unfair life is. Now go get yourself changed and you'll feel better.

It doesn't matter, I am not leasing from a rental company.
I am feeling better thanks!
I figured out that an Enterprise location in Manhattan near my work rents out luxury vehicles and I was put behind a truck's wheel until my car is ready.

Look, I rent enough crap during the year for business trips that I'm "platinum" (or whatever they call it) in TWO rental companies. In 10 years, I rented about 5 - 6 times from Enterprise. Stopped 5 years ago.

If they think that customer wants a "friend" to walk them to the car and chat them up (I actually don't) and that will make up for utter crap they regularly give to customers, then they might need reminding that 10 minutes of "friendly associate" is usually less than 1% of time of the typical rental agreement duration and the remaining 99% spent in a POS ride they dare to rent is much bigger factor in customer's decision which company to use in the future.

Look, I rent enough crap during the year for business trips that I'm "platinum" (or whatever they call it) in TWO rental companies. In 10 years, I rented about 5 - 6 times from Enterprise. Stopped 5 years ago.

If they think that customer wants a "friend" to walk them to the car and chat them up (I actually don't) and that will make up for utter crap they regularly give to customers, then they might need reminding that 10 minutes of "friendly associate" is usually less than 1% of time of the typical rental agreement duration and the remaining 99% spent in a POS ride they dare to rent is much bigger factor in customer's decision which company to use in the future.

If I had to choose I would not go to enterprise, but I was pleasantly surprised to have a 2013 x5 35i with only 500 miles on odometer. They had an f30 328i but it was already rented out though. One thing they stood behind was that they kept the rate as if I had 328.